Terms and Conditions
Last updated: 19 June 2026
1. Acceptance of Terms
By accessing or using Xpat Community (the "Platform"), operated by EDMS SL ("we", "us", "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Platform.
These Terms and Conditions constitute a legally binding agreement between you and EDMS SL. We reserve the right to update these terms at any time. Continued use of the Platform following notification of changes constitutes your acceptance of the revised terms.
2. The Service
Xpat Community is a lifestyle media platform dedicated to the Costa del Sol, providing:
- Editorial content including stories, guides, venue recommendations, and event listings
- A curated directory of venues and experiences across the Costa del Sol
- A community platform for residents, expats, and visitors
- A daily newsletter and WhatsApp Channel delivering curated local content
- A Progressive Web App (PWA) and native mobile applications
We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice.
3. User Accounts
3.1 Registration
To access certain features of the Platform you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorised use of your account at info@xpat.es
3.2 Account Responsibility
You are responsible for all activity that occurs under your account. EDMS SL will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
3.3 Account Termination
We reserve the right to suspend or terminate your account at our discretion if you breach these Terms and Conditions or engage in conduct that we deem harmful to other users or the Platform.
4. User Content
4.1 Your Content
You may be able to submit content to the Platform including comments, reviews, photographs, and other materials ("User Content"). By submitting User Content you:
- Confirm you own or have the right to submit the content
- Grant EDMS SL a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute your content in connection with operating the Platform
- Confirm the content does not infringe any third-party rights
4.2 Prohibited Content
You must not submit content that:
- Is unlawful, defamatory, abusive, threatening, or harassing
- Infringes intellectual property rights of any third party
- Contains spam, advertising, or promotional material without our consent
- Contains malware, viruses, or harmful code
- Impersonates any person or entity
- Violates any applicable law or regulation
We reserve the right to remove any User Content that violates these terms without prior notice.
5. Intellectual Property
All content on the Platform created by EDMS SL — including editorial articles, photographs, design, graphics, logos, and software — is the intellectual property of EDMS SL or its licensors and is protected by applicable copyright and trademark law.
You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent. The "Xpat Community" name, logo, and brand identity are trademarks of EDMS SL.
Content marked as "Powered by OutTonight" remains the intellectual property of its respective owner and is used under licence.
6. Third Party Content and Links
The Platform may contain links to third-party websites, content, or services. These are provided for convenience only. EDMS SL does not endorse, control, or accept responsibility for any third-party content. Your use of third-party services is at your own risk and subject to their own terms and conditions.
7. WhatsApp Channel
Our WhatsApp Channel is operated via WhatsApp Business and is subject to Meta's terms of service and privacy policy in addition to these terms. By subscribing to our WhatsApp Channel you consent to receiving daily editorial content. You may unsubscribe at any time by following the unsubscribe instructions in the channel.
8. Newsletter
By subscribing to our newsletter you consent to receiving regular email communications from Xpat Community. You may unsubscribe at any time using the unsubscribe link included in every email. We will process your email address in accordance with our Privacy Policy.
9. Disclaimer of Warranties
The Platform and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that:
- The Platform will be uninterrupted, error-free, or secure
- Any information on the Platform is accurate, complete, or current
- Venue listings, event information, or recommendations will be up to date
Venue and event information is provided for general guidance only. We recommend verifying details directly with venues before visiting.
10. Limitation of Liability
To the fullest extent permitted by applicable law, EDMS SL shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform, including but not limited to loss of data, loss of revenue, or loss of goodwill.
Our total liability to you for any claim arising from your use of the Platform shall not exceed the amount you have paid to us in the twelve months preceding the claim, or €100, whichever is greater.
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless EDMS SL, its directors, employees, and agents from and against any claims, damages, losses, and expenses (including legal fees) arising from your use of the Platform, your User Content, or your breach of these Terms and Conditions.
12. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Spain. Any disputes arising from these terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Spain.
For consumer disputes, residents of the European Union may also access the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
13. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
14. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and EDMS SL regarding your use of the Platform and supersede all prior agreements and understandings.
15. Contact
For any questions regarding these Terms and Conditions:
EDMS SL
Email: info@xpat.es
